The Law

Rape or sexual assault? Rape refers specifically to sexual intercourse without consent. We use the term sexual assault because it includes all forced sexual activity, not just rape.

*these are only brief descriptions of the current Canadian laws. For more specific information, it is best to talk to someone with specific knowledge of the legal system – like a Victim Service worker. Contact us.

For example, a 14 or 15 year old can consent to sexual activity with a partner as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity will be considered a criminal offence unless it occurs after they are married to each other.

There is also a “close-in-age” exception for 12 and 13 year olds: a 12 or 13 year old can consent to sexual activity with another young person who is less than two years older and with whom there is no relationship of trust, authority or dependency or other exploitation of the young person.